Antitrust and Competition

Europe Needs First A Consolidated Internal Market. Business Consolidation May Follow

Xavier Vives argues that to create firms that can compete on the international level, the European Union does not need to ease its merger regime or encourage market power. Rather, encouraging European market integration will allow firms to draw in investment and scale up their operations.

The Political Instrumentalization of Competition and Antitrust Enforcement

Ariel Ezrachi warns about the rising trend of political instrumentalization of antitrust and competition enforcement and its consequences.

Resisting the Politicization of Antitrust and Regulation

Diana L. Moss reviews the increasing politicization of antitrust and regulation in the United States and what avenues are available to resist the corruption of due process and usurpation of the rule of law.

Fair and Efficient Data-Sharing From Google Requires a More Advanced Regulatory Approach

Drawing on her working paper, Giovanna Massarotto discusses three algorithmic approaches to how Google can fairly and efficiently share its data with rivals per the requirements of a court’s mandated remedy for illegally monopolizing the online search market.

Will GenAI Break Google’s Dominance in Search?

Judge Amit Mehta shaped his remedies in the Google Search case on the assumption that startups developing generative artificial intelligence models can restore competition in internet search. Mihir Kshirsagar analyzes the barriers to entry these startups face—scale, distribution, defaults, data and integration advantages, and content access—to show how Big Tech is still in control of the future of the search industry.

“Conservative” Antitrust: Something Possibly Kind of New Under the Sun, Maybe

Chris Sagers suggests that something significant could be happening in antitrust, though it probably remains academic for now, and it is hidden behind political messaging that in recent times has gotten most of the attention. He argues that the populist or politicizing talk of antitrust leaders during both the present administration and the last one has grown more detached from real-world administration. But he argues that there may be real change going on behind the scenes, as expressed in positions among some conservatives and Republican office-holders. He argues that the libertarian orthodoxy of the Chicago School no longer defines “conservative” antitrust, and that the range of plausible disagreement may genuinely be changing.

What Is the Role of Economics in Conservative Antitrust?

The policies of conservative antitrust laid out by the new antitrust enforcers suggest a continued focus on the welfare of consumers and workers. This suggests a continued role for economics in shaping and advancing antitrust policy. However, Aviv Nevo writes, it is not clear from the actual actions taken by the antitrust agencies that economics, rather than political considerations, will be guiding antitrust policy.

The New Conservative Antitrust Is Not Here To Last

Gus Hurwitz explores the tenets of conservative antitrust under the second Trump administration and why it is unlikely to establish a lasting influence.

New Right vs. Conservative Antitrust

Thomas A. Lambert argues that the conservative antitrust program articulated by the antitrust enforcers of the Second Trump administration hardly resembles the conservative antitrust of previous decades. Its divergences will likely end up harming consumers.

The New “Conservative” Merger Policy Is Not Antitrust. It’s Anti-Speech

Rebecca Haw Allensworth writes that the hallmark of the new conservative antitrust is not economic populism but silencing speech that the Trump administration ideologically opposes.

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